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GEORGE LA MONTE & SON v. QUAYLE & SON CORPORATION

33 F.Supp. 481 (1940)

GEORGE LA MONTE & SON v. QUAYLE & SON CORPORATION et al.

District Court, N. D. New York.

May 11, 1940.

Attorney(s) appearing for the Case

Kenyon & Kenyon, of New York City (Douglas H. Kenyon, of New York City, of counsel), for plaintiff.

Hun, Parker & Reilly, of Albany, N. Y., (Earle W. Lawrence, of Albany N. Y., of counsel), for defendant.

COOPER, District Judge.

This is a motion by the defendant for the dismissal of an alleged cause of action contained in paragraphs No. 11 and 12 of the amended complaint herein.

The suit is for trade-mark infringement and unfair competition.

Paragraphs 11 and 12 of the amended complaint are as follows:

"11. That plaintiff for many years last past and long prior to the acts of defendants herein complained of, has used as a trade-mark for certain...

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